[Federal Register Volume 78, Number 32 (Friday, February 15, 2013)]
[Rules and Regulations]
[Pages 11109-11113]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-03073]
[[Page 11109]]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 0, 1, 43, 63 and 64
[IB Docket No. 11-80; FCC 12-145]
International Settlements Policy Reform
AGENCY: Federal Communications Commission.
ACTION: Final rule.
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SUMMARY: The Commission eliminates the International Settlements Policy
(ISP) and applies a modified version to Cuba. The Commission amends its
rules and procedures to enhance its ability to respond to foreign
carriers' anticompetitive behavior in and timely and effective manner.
Eliminating the ISP will enable more market-based arrangements between
U.S. and foreign carriers on all U.S.-international routes giving U.S.
consumers competitive pricing when they make international calls. The
Commission also adopts certain limited measures to improve the
Commission's ability to protect U.S. consumers from the effects of
anticompetitive conduct by foreign carriers.
DATES: Effective March 18, 2013, except for the amendment to Sec.
43.51(d) which contains information collection requirements that have
not been approved by the Office of Management and Budget (OMB). The
Commission will publish a document in the Federal Register announcing
the effective date of that rule change.
ADDRESSES: Federal Communications Commission, 445 12th Street SW.,
Washington, DC 20554. The Commission will seek comments from the Office
of Management and Budget (OMB), other Federal agencies and the general
public on the Paperwork Reduction Act information collection
requirements contained herein in a separate notice to be published in
Federal Register.
FOR FURTHER INFORMATION CONTACT: James Ball or Kimberly Cook, Policy
Division, International Bureau, 202-418-1460. For additional
information concerning the Paperwork Reduction Act information
collection requirements contained in this document, send an email to
PRA@fcc.gov or contact Cathy Williams on (202) 418-2918.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Report
and Order in IB Docket No. 11-80, RM-11322, IB Docket No. 05-254, IB
Docket No. 09-10, FCC 12-145, which was adopted on November 29, 2012.
The full text of this Commission decision is available for inspection
and copying during normal business hours in the FCC Reference Center
(Room CY-A257), 445 12th Street SW., Washington, DC 20554. The document
may also be downloaded from the Commission's Web site at http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-145A1.doc. The
complete text may also be purchased from the Commission's copy
contractor, Best Copy and Printing, Inc., in person at 445 12th Street
SW., Room CY-B402, Washington, DC 20554, via telephone at (202) 488-
5300, via facsimile at (202) 488-5563, or via email at FCC@BCPIWEB.COM.
Summary of the Report and Order
1. The Commission finds that the record supports removing the
International Settlements Policy (ISP) from the 38 international routes
to which it continues to apply, with the exception of Cuba. The market
has seen significant competitive growth since the Commission last
reviewed the ISP. Further, in today's competitive market, maintaining
the ISP has the opposite effect for which it was intended because it
now hurts U.S. carriers' ability to negotiate competitive rates with
their foreign correspondents. Foreign carriers on ISP routes no longer
have the incentive to agree to pay symmetrical rates to U.S. carriers
for their U.S.-bound traffic, as required by the ISP, because they can
send that traffic to the United States at significantly lower market
rates through traffic re-origination arrangements offered by third
country foreign carriers on ISP-exempt routes between the United States
and those third countries. The Commission believes that removing the
ISP from the remaining U.S.-international routes will provide U.S.
carriers greater flexibility to negotiate lower settlement rates on
those routes. Thus, it removes the ISP from the remaining international
routes with the exception of Cuba, to which we continue to apply a
limited form of the ISP as well as the benchmarks policy subject to
waivers.
2. The Commission believes it is appropriate to continue to apply
only part of the ISP to the U.S.-Cuba route. The Commission finds that
continuing to apply the proportionate return and symmetric rate prongs
of the ISP to the U.S.-Cuba route would likely complicate the
resumption of direct telecommunications services on the route because
Cuban carriers are able to continue indirect routing of U.S. traffic.
Accordingly, the Commission will remove these requirements from this
route. The Commission, believes, however, that the nondiscrimination
prong of the ISP is essential to assuring that one U.S. carrier is not
favored over another once direct service on the U.S.-Cuba route
resumes. Therefore, consistent with the guidance from the U.S.
Department of State, the Commission will continue to apply the
nondiscrimination prong of the ISP to the U.S.-Cuba route. The
Commission will also continue to apply its benchmarks policy to direct
U.S.-Cuba traffic subject to waiver.
3. Because the Commission will continue to apply the
nondiscrimination prong to U.S.-Cuba traffic, it will provide in its
rules that the terms and conditions of any operating or other agreement
relating to the exchange of services, interchange or routing of traffic
and matters concerning rates, accounting rates, division of tolls, the
allocation of return traffic, or the basis of settlement of traffic
balances, entered into by U.S. common carriers authorized pursuant to
Part 63 of the Commission's rules to provide facilities-based switched
voice service on the U.S.-Cuba route in correspondence with a Cuban
carrier that does not qualify for the presumption that it lacks market
power in Cuba, shall be identical to the equivalent terms and
conditions in the operating agreement of another carrier providing the
same or similar service between the United States and Cuba. No
operating or other agreement inconsistent with this requirement may
become effective unless and until the U.S. carrier obtains a waiver
from the Commission. This condition would also be imposed on all
section 214 authorizations for direct service to Cuba.
4. Carriers that seek waiver of the nondiscrimination requirement
on the U.S.-Cuba route must submit a request to the Commission with a
persuasive showing as to the public interest benefits of permitting it
to enter into an agreement with a Cuban carrier with market power that
contains accounting rates and related arrangements not offered by that
Cuban carrier to all other U.S. carriers. Any such request for waiver
shall include identification of the Cuban carrier party to the proposed
agreement; a copy of the proposed agreement; the present accounting
rate (if any); the new accounting rate (including any surcharges); the
proposed effective date of the new agreement; a notarized statement by
the carrier requesting the waiver that it has informed the Cuban
administration that U.S. policy requires that competing U.S. carriers
have access to accounting rates negotiated by the filing carrier with a
Cuban carrier with market power on a nondiscriminating basis; and a
statement as to the public interest
[[Page 11110]]
reasons the Commission nevertheless should permit the proposed
discriminatory accounting rate or related arrangement to go into
effect. The filing carrier shall serve a copy of the waiver request on
all other U.S. carriers providing switched voice services to Cuba. Any
waiver request will be placed on public notice and coordinated with the
U.S. Department of State.
5. Because the Commission has removed the ISP from all U.S.-
international routes except for the U.S.-Cuba route as described above,
it eliminates 47 CFR 64.1001 and 64.1002 (a)-(c) and (e). The
Commission adds a provision in 47 CFR 63.22 to implement its continuing
policy goal of preventing discriminatory treatment of U.S. carriers on
the Cuba route. The Commission also requires any agreement reached on
the U.S.-Cuba route to be consistent with this condition and filed with
the Commission. The Commission will consider such an agreement
routinely available for public inspection. The Commission amends and
retains the requirements of 47 CFR 64.1002(d), relocating it to part
63. This section sets forth procedures for Commission consideration of
allegations of anticompetitive conduct on international routes.
6. The Commission will require all U.S. carriers to provide
information about any above-benchmark settlement rates on an as-needed
basis in connection with an investigation of competition problems on
selected routes or review of high consumer rates on either multiple or
selected routes. The Commission will require U.S. carriers to provide
information on request and give confidential treatment to the
information pursuant to its rules. On an as-needed basis, the
Commission may require U.S. carriers to file all agreements, amendments
and rates with the Commission. The Commission might exercise that
authority on our own motion or where the Commission receives a
complaint from a carrier or from a consumer with respect to a specific
international route. The Commission finds that this approach
appropriately balances the Commission's need to have notice of above-
benchmark rates to prevent and protect against potential
anticompetitive behavior while minimizing the burden on U.S. carriers.
Finally, the Commission continues to reserve the right to require the
filing of particular contracts when presented with evidence of a
violation of the ``No Special Concessions'' rule or of other
anticompetitive behavior related to these matters on a particular
route.
7. The Commission also adopts certain limited measures to improve
the Commission's ability to protect U.S. consumers from the effects of
anticompetitive conduct by foreign carriers. The Commission adopts the
presumption that partial circuit blockages and threats of circuit
blockages, like circuit blockages, constitute anticompetitive behavior.
The Commission also adopts additional potential remedies to respond to
anticompetitive action following consultation with other U.S.
government agencies as appropriate. The Commission determines that the
prohibition of increased payments should be remedy used as one of
several potential enforcement tools that may be applied based on the
facts of each situation. The Commission declines to implement
increasing U.S.-inbound rates as a potential remedy and also declines
to implement re-imposing the ISP as a potential remedy. The Commission
maintains its authority to revoke or place limitations on section 214
authorizations in instances where the carrier or its foreign affiliate
is engaging in anticompetitive behavior. The Commission includes the
prohibition to carry or terminate traffic as a potential remedy to be
used as appropriate in circumstances where it could prevent or minimize
anticompetitive behavior on a U.S.-international route. It also
maintained full stop payment orders are an appropriate remedy.
8. Paperwork Reduction Act of 1995 Analyses. This document contains
modified information collection requirements. The Commission, as part
of its continuing effort to reduce paperwork burdens, will invite the
general public, other Federal agencies and the Office of Management and
Budget (OMB) to comment on the information collection requirements
contained in this document, as required by the Paperwork Reduction Act
of 1995, Public Law 104-13 in a separate notice that will be published
in the Federal Register. In addition, pursuant to the Small Business
Paperwork Relief Act of 2002, Public Law 107-198, see 44 U.S.C.
3506(c)(4), we previously sought specific comment on how we might
further reduce the information collection burden for small business
concerns with fewer than 25 employees.
Final Regulatory Flexibility Analysis
9. As required by the Regulatory Flexibility Act (RFA),\1\ an
Initial Regulatory Flexibility Analysis (IRFA) was incorporated in the
Notice of Proposed Rulemaking (NPRM).\2\ The Commission sought written
public comment on the proposals in the NPRM, including comment on the
IRFA.\3\ This Final Regulatory Flexibility Analysis (FRFA) conforms to
the RFA.
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\1\ See 5 U.S.C. 603. The RFA, see 5 U.S.C. 601 et seq., has
been amended by the Contract With America Advancement Act of 1996,
Public Law 104-121, 110 Stat. 847 (1996) (CWAAA). Title II of the
CWAAA is the Small Business Regulatory Enforcement Fairness Act of
1996 (SBREFA).
\2\ International Settlements Policy Reform, Notice of Proposed
Rulemaking, IB Docket Nos. 11-80, 05-254, 09-10, RM 11322, 26 FCC
Rcd 7233 (2011) (NPRM).
\3\ Id.
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A. Need for, and Objectives of, the Report and Order
10. In recent years there has been increased participation and
competition in the U.S. international marketplace, decreased settlement
and end-user rates, and growing liberalization and privatization in
foreign markets. Because of this increase, the Commission believes that
it is an appropriate time to adopt changes to its International
Settlements Policy (ISP) and accounting rate policies.
B. Description and Estimate of the Number of Small Entities To Which
Rules Will Apply
11. The RFA directs agencies to provide a description of and, where
feasible, an estimate of the number of entities that will be affected
by the rules.\4\ The RFA defines ``small entity'' as having the same
meaning as the term ``small business,'' ``small organization,'' and
``small governmental jurisdiction.'' \5\ In addition, the term ``small
business'' has the same meaning as the term ``small business concern''
under the Small Business Act, unless the Commission has developed one
or more definitions that are appropriate to its activities.\6\ Under
the Small Business Act, a ``small business concern'' is one that: (1)
Is independently owned and operated; (2) is not dominant in its field
of operation; and (3) meets any additional criteria established by the
Small Business Administration (SBA).\7\
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\4\ 5 U.S.C. 603(b)(3), 604(a)(3).
\5\ 5 U.S.C. 601(6).
\6\ 5 U.S.C. 601(3) (incorporating by reference the definition
of ``small business concern'' in 15 U.S.C. 632). Pursuant to 5 U.S.C
601(3), the statutory definition of a small business applies
``unless an agency after consultation with the Office of Advocacy of
the Small Business Administration and after opportunity for public
comment, established one or more definitions of such term which are
appropriate to the activities of the agency and publishes such
definition in the Federal Register.''
\7\ 15 U.S.C. 632.
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12. This Order may directly affect up to approximately 31
facilities-based U.S. international carriers providing IMTS
[[Page 11111]]
traffic. In the 2010 annual traffic and revenue report, 31 facilities-
based and facilities-resale carriers reported approximately $4.0
billion in revenues from international message telephone service
(IMTS). Of these, three reported IMTS revenues of more than $1 billion,
six reported IMTS revenues of more than $100 million, nine reported
IMTS revenues of more than $50 million, 19 reported IMTS revenues of
more than $10 million, 23 reported IMTS revenues of more than $5
million, and 26 reported IMTS revenues of more than $1 million. Based
solely on their IMTS revenues the majority of these carriers would be
considered non-small entities under the SBA definition.\8\ Neither the
Commission nor the SBA has developed a definition of ``small entity''
specifically applicable to these international carriers. The closest
applicable definition provides that a small entity is one with 1,500 or
fewer employees.\9\ We do not have data specifying the number of these
carriers that are not independently owned and operated and have fewer
than 1,500 employees. Furthermore, because not all agreements between
the U.S. and foreign carriers are required to be filed at the
Commission, it is difficult to determine how many of these 31 carriers
might have agreements with foreign carriers. The Order adopts a wide
variety of proposals intended to promote market-based policies and
reduce unnecessary regulatory burdens on all facilities-based U.S.
international carriers regardless of size.
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\8\ See 13 CFR 121.201, NAICS Code at Subsector 517--
Telecommunications.
\9\ 13 CFR 121.201, NAICS codes 513310 and 513322.
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C. Description of Projected Reporting, Recordkeeping, and Other
Compliance Requirements
13. The Order largely reduces projected reporting, recordkeeping,
and other compliance requirements. These changes affect small and large
companies equally. In developing the Commission's ISP, benchmarks and
international settlement rates policies, the Commission implemented
various reporting requirements to monitor possible anticompetitive
behavior and protect the public interest. The Order reserves the right
to require the filing of particular contracts when presented with
evidence of a violation of the ``No Special Concessions'' rule or of
other anticompetitive behavior related to these matters on a particular
route.
D. Steps Taken To Minimize Significant Economic Impact on Small
Entities and Significant Alternatives Considered
14. The RFA requires an agency to describe any significant
alternatives that it has considered in reaching its proposed approach,
which may include the following four alternatives (among others): (1)
The establishment of differing compliance or reporting requirements or
timetables that take into account the resources available to small
entities; (2) the clarification, consolidation, or simplification of
compliance or reporting requirements under the rule for small entities;
(3) the use of performance, rather than design, standards; and (4) an
exemption from coverage of the rule, or any part thereof, for small
entities.\10\
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\10\ 5 U.S.C. 603(c).
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15. The changes adopted in this Order are designed to provide the
Commission with information to determine whether its existing
regulatory regime may inhibit the benefits of lower calling process and
greater service innovations to consumers. Because the Order is broad
and changes would likely affect only 31 facilities-based carriers, it
would be difficult to adopt specific alternatives for the small
facilities-based entities. The changes adopted in the Order would
benefit all entities, including small entities.
16. The Order does take action that would minimize the economic
impact on all entities, including small entities. For example, the
Order removes the ISP from certain remaining routes. This action
eliminates the burden of seeking prior Commission approval before a
carrier could enter into arrangements with foreign carriers. Any
changes to our existing policies and rules will expand the ability of
all entities, including small entities, to reap the economic benefits
of competition. Thus, the Order does not include any exemption for
small entities.
E. Report to Congress
17. The Commission will send a copy of the Order, including this
FRFA, in a report to be sent to Congress pursuant to the SBREFA.\11\ In
addition, the Commission will send a copy of the Order, including the
FRFA, to the Chief Counsel for Advocacy of the SBA. A copy of the Order
and the FRFA (or summaries thereof) will also be published in the
Federal Register.\12\
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\11\ See 5 U.S.C. 801(a)(1)(A).
\12\ See 5 U.S.C. 604(b).
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Congressional Review Act
The Commission will send a copy of this Report & Order to Congress
and the Government Accountability Office pursuant to the Congressional
Review Act, see 5 U.S.C. 801(a)(1)(A).
Ordering Clauses
18. It is ordered that, pursuant to the authority contained in 47
U.S.C. 151, 152, 154(i), 154(j), 201-205, 208, 211, 214, 303(r), 309
and 403 this Report and Order is adopted and the policies, rules, and
requirements discussed herein are adopted and parts 0, 43 and 64 of the
Commission's rules are amended.
19. Is ordered that the Commission's Consumer and Governmental
Affairs Bureau, Reference Information Center, shall send a copy of this
Report and Order, including the Final Regulatory Flexibility
Certification, to the Chief Counsel for Advocacy of Small Business
Administration, in accordance with section 603(a) of the Regulatory
Flexibility Act, 5 U.S.C. 601 et seq.
20. Is further ordered that the policies, rules, and requirements
established in this decision shall take effect thirty days after
publication in the Federal Register except for Sec. 43.51(d) which
contains new information collection requirements that require approval
by the Office of Management and Budget (OMB) under the PRA. The Federal
Communications Commission will publish a document in the Federal
Register announcing such approval and the relevant effective date.
List of Subjects in 47 CFR Parts 0, 1, 43, 63 and 64
Freedom of information, Administrative practice and procedure,
Communications common carriers, Reporting and recordkeeping
requirements, Telephone.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
Final Rules
For the reasons discussed in the preamble, the Federal
Communications Commission amends 47 CFR Parts 0, 1, 43, 63 and 64 as
follows:
PART 0--COMMISSION ORGANIZATION
0
1. The authority citation for part 0 continues to read as follows:
Authority: Sec. 5, 48 Stat. 1068, as amended; 47 U.S.C. 155,
225, unless otherwise noted.
0
2. Amend Sec. 0.457 by revising paragraph (d)(1)(v) to read as
follows:
Sec. 0.457 Records not routinely available for public inspection.
* * * * *
(d) * * *
[[Page 11112]]
(1) * * *
(v) The rates, terms and conditions in any agreement between a U.S.
carrier and a foreign carrier that govern the settlement of U.S.-
international traffic, including the method for allocating return
traffic, except as otherwise specified by the Commission by order or by
the International Bureau under delegated authority. See, e.g.,
International Settlements Policy Reform, IB Docket Nos. 11-80, 05-254,
09-10, RM-11322, Report and Order, FCC 12-145 (rel. Nov. 29, 2012).
* * * * *
PART 1--PRACTICE AND PROCEDURE
0
3. The authority citation for part 1 continues to read as follows:
Authority: 15 U.S.C. 79 et seq.; 47 U.S.C. 151, 154(i), 154(j),
155, 157, 225, 227, 303(r), and 309, and the Middle Class Tax Relief
and Job Creation Act of 2012, Pub. L. 112-96.
0
4. Amend Sec. 1.1206 by removing and reserving paragraph (a)(12).
Sec. 1.1206 Permit-but-disclose proceedings.
(a) * * *
(12) [Reserved]
* * * * *
PART 43--REPORTS OF COMMUNICATION COMMON CARRIERS AND CERTAIN
AFFILIATES
0
5. The authority citation for part 43 continues to read as follows:
Authority: 47 U.S.C. 154; Telecommunications Act of 1996, Pub.
L. 104-104, secs. 402(b)(2)(B), (c), 110 Stat. 56 (1996) as amended
unless otherwise noted, 47 U.S.C. 211, 219, 220 as amended.
0
6. Amend Sec. 43.51 by:
0
a. Revising paragraph (a)(1) introductory text and paragraph (d).
0
b. Removing the comma at the end of paragraph (b)(1) and adding ``;
or'' in its place.
0
c. Removing ``, or'' at the end of paragraph (b)(2) and adding a period
in its place.
0
d. Removing paragraphs (b)(3), (e), and (f).
0
e. Removing note 3 and note 4 to Sec. 43.51.
The revisions read as follows:
Sec. 43.51 Contracts and concessions.
(a)(1) Any communication common carrier described in paragraph (b)
of this section must file with the Commission, within thirty (30) days
of execution, a copy of each contract, agreement, concession, license,
authorization, operating agreement or other arrangement to which it is
a party and amendments thereto (collectively hereinafter referred to as
``agreement'' for purposes of this rule) with respect to the following:
* * * * *
(d) Any U.S. carrier, other than a provider of commercial mobile
radio services, that is engaged in foreign communications, and enters
into an agreement with a foreign carrier, is subject to the
Commission's authority to require the U.S. carrier providing service on
any U.S.-international routes to file, on an as-needed basis, a copy of
each agreement to which it is a party.
* * * * *
PART 63--EXTENSION OF LINES, NEW LINES, AND DISCONTINUANCE,
REDUCTION, OUTAGE AND IMPAIRMENT OF SERVICE BY COMMON CARRIERS; AND
GRANTS OF RECOGNIZED PROVATE OPERATING AGENCY STATUS
0
7. The authority citation for part 63 continues to read as follows:
Authority: Sections 1, 4(i), 4(j), 10, 11, 201-205, 214, 218,
403 and 651 of the Commissions Act of 1934, as amended, 47 U.S.C.
151, 154(i), 154(j), 160, 201-205, 214, 218, 403, and 571, unless
otherwise noted.
0
8. Amend Sec. 63.14 by revising paragraph (c) to read as set forth
below, and removing note to paragraph (c):
Sec. 63.14 Prohibition on agreeing to accept special concessions.
* * * * *
(c) This section shall not apply to the rates, terms and conditions
in an agreement between a U.S. carrier and a foreign carrier that
govern the settlement of U.S. international traffic, including the
method for allocating return traffic.
0
9. Amend Sec. 63.17 by revising paragraph (b) introductory text to
read as follows:
Sec. 63.17 Special provisions for U.S. international common carriers.
* * * * *
(b) Except as provided in paragraph (b)(4) of this section, a U.S.
common carrier, whether a reseller or facilities-based carrier, may
engage in ``switched hubbing'' to countries provided the carrier
complies with the following conditions:
* * * * *
0
10. Amend Sec. 63.22 by redesignating paragraph (f) as paragraph (h)
and adding new paragraphs (f) and (g) and notes 1 and 2 to Sec. 63.22
as follows:
Sec. 63.22 Facilities-based international common carriers.
* * * * *
(f) The terms and conditions of any operating or other agreement
relating to the exchange of services, interchange or routing of traffic
and matters concerning rates, accounting rates, division of tolls, the
allocation of return traffic, or the basis of settlement of traffic
balances, entered into by U.S. common carriers authorized pursuant to
this part to provide facilities-based switched voice service on the
U.S.-Cuba route in correspondence with a Cuban carrier that does not
qualify for the presumption that it lacks market power in Cuba, shall
be identical to the equivalent terms and conditions in the operating
agreement of another carrier providing the same or similar service
between the United States and Cuba. Carriers may seek waiver of this
requirement. See International Settlements Policy Reform, Report and
Order, IB Docket Nos. 11-80, 05-254, 09-10, RM 11322, FCC 12-145 (rel.
November 29, 2012).
(g) A carrier or other party may request Commission intervention on
any U.S. international route for which competitive problems are alleged
by filing with the International Bureau a petition, pursuant to this
section, demonstrating anticompetitive behavior by foreign carriers
that is harmful to U.S. customers. The Commission may also act on its
own motion. Carriers and other parties filing complaints must support
their petitions with evidence, including an affidavit and relevant
commercial agreements. The International Bureau will review complaints
on a case-by-case basis and take appropriate action on delegated
authority pursuant to Sec. 0.261 of this chapter. Interested parties
will have 10 days from the date of issuance of a public notice of the
petition to file comments or oppositions to such petitions and
subsequently 7 days for replies. In the event significant, immediate
harm to the public interest is likely to occur that cannot be addressed
through post facto remedies, the International Bureau may impose
temporary requirements on carriers authorized pursuant to Sec. 63.18
of this chapter without prejudice to its findings on such petitions.
* * * * *
Note 1 to Sec. 63.22: For purposes of this section, foreign
carrier is defined in Sec. 63.09 of this chapter.
Note 2 to Sec. 63.22: For purposes of this section, a foreign
carrier shall be considered to possess market power if it appears on
the Commission's list of foreign carriers that do not qualify for
the presumption that they lack market power in particular foreign
points. This list is available on the International
[[Page 11113]]
Bureau's World Wide Web site at http://www.fcc.gov/ib. The
Commission will include on the list of foreign carriers that do not
qualify for the presumption that they lack market power in
particular foreign points any foreign carrier that has 50 percent or
more market share in the international transport or local access
markets of a foreign point. A party that seeks to remove such a
carrier from the Commission's list bears the burden of submitting
information to the Commission sufficient to demonstrate that the
foreign carrier lacks 50 percent market share in the international
transport and local access markets on the foreign end of the route
or that it nevertheless lacks sufficient market power on the foreign
end of the route to affect competition adversely in the U.S. market.
A party that seeks to add a carrier to the Commission's list bears
the burden of submitting information to the Commission sufficient to
demonstrate that the foreign carrier has 50 percent or more market
share in the international transport or local access markets on the
foreign end of the route or that it nevertheless has sufficient
market power to affect competition adversely in the U.S. market.
PART 64--MISCELLANEOUS RULES RELATING TO COMMON CARRIERS
0
11. The authority citation for part 64 continues to read as follows:
Authority: 47 U.S.C. 154, 254(k); 403(b)(2)(B), (c), Pub. L.
104-104, 110 Stat. 56. Interpret or apply 47 U.S.C. 201, 218, 222,
225, 226, 227, 228, 254(k), 616, 620, and the Middle Class Tax
Relief and Job Creation Act of 2012, Pub. L. 112-96, unless
otherwise noted.
[Subpart J--Removed and Reserved]
0
12. Remove and reserve subpart J, consisting of Sec. Sec. 64.1001 and
64.1002.
[FR Doc. 2013-03073 Filed 2-14-13; 8:45 am]
BILLING CODE 6712-01-P